HL Deb 05 February 2004 vol 656 cc115-6WA
Lord Morris of Manchester

asked Her Majesty's Government:

Further to the answer by the Lord Bach on 22 January (HL Deb, col. 1138) that"… war widow's pensions are paid when death is deemed to be due to service, and that the widow has to raise only a reasonable doubt for claims to succeed", how claimants like Major Ian Hill's widow would have been affected if their proposals to substitute "balance of probabilities" for "reasonable doubt" had already been given operative effect when pension entitlement was determined. [HL978]

Lord Bach

Awards under the planned new Armed Forces Compensation Scheme will be made where there is reasonable evidence that the death was due to service, with all claims determined on the evidence relating to the specific case. Mr Hill's case was not considered against the criteria for the new scheme and we have no plans to do this for his case or for others that fall to be considered under the current arrangements. I am satisfied, however, that the new arrangements, which include provision for appeal to an independent tribunal, should deliver fair outcomes.